The proposed rule amendments are intended to address additional disciplinary violations and penalties and violations which are appropriate for issuance of notices of noncompliance.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-19.002Violations and Penalties

64B15-19.0065Notices of Noncompliance; Minor Violations

PURPOSE AND EFFECT: The proposed rule amendments are intended to address additional disciplinary violations and penalties and violations which are appropriate for issuance of notices of noncompliance.

SUMMARY: The proposed rule amendments set forth additional violation penalties and guidelines and outline additional violations and penalties appropriate for issuance of notices of noncompliance.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 120.695, 456.073(3), 456.079, 459.005 459.015(5), 459.0138 FS.

LAW IMPLEMENTED: 120.695, 381.986(4)(d), 456.072, 456.073(3), 456.079, 456.50, 459.015, 459.0138, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kama Monroe, J.D., Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B15-19.002 Violations and Penalties.  In imposing discipline upon applicants and licensees, the board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited directly under each violation description.

(1) through (74) No change.
(75) Failing to timely notify the Department of the theft of prescription blanks from a pain management clinic or a breach of an osteopathic physician’s electronic prescribing software or other methods for prescribing within 24 hours as required by section 459.0137(3)(2)(d), F.S. (Section 459.015(1)(ss), F.S.)
FIRST OFFENSE:	Letter of concern and a $1,000.00 fine.	Probation and a $5,000.00 fine.
SECOND OFFENSE:	Probation and a $5,000.00 fine.	Suspension, followed by a period of probation, and a $10,000.00 fine.
THIRD OFFENSE:	Suspension, followed by a period of probation, and a $7,500.00 fine.	Revocation and a $10,000.00 fine.
(76) through  (84) No change.
(85) Performing a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II office surgery, or a Level III office surgery in an office that is not registered with the department pursuant to s. 458.328 or 459.0138, F.S. (Section 459.015(1)(xx), F.S.)
FIRST OFFENSE:	Twelve (12) months probation and an administrative fine of $5,000.00 per day.	Twelve (12) months suspension followed by a term of  probation and an administrative fine of $5,000.00 per day.
SECOND OFFENSE:	Twelve (12) months suspension followed by a term of probation and permanent restriction from performing office surgery and an administrative fine of $5,000.00 per day.	Revocation and an administrative fine of $5,000.00 per day.
THIRD OFFENSE:	Eighteen (18) months suspension followed by a term of probation and permanent restriction from performing office surgery and an administrative fine of $5,000.00 per day.	Revocation and an administrative fine of $5,000.00 per day.

 

Rulemaking Authority 456.079, 459.015(5), 459.0138, FS. Law Implemented 381.986(4)(d), 456.072, 456.079, 456.50, 459.015, 459.0138, FS. History–New 9-30-87, Amended 10-28-91, 1-12-93, Formerly 21R-19.002, 61F9-19.002, 59W-19.002, Amended 2-2-98, 2-11-01, 6-7-01, 2-26-02, 12-7-05, 11-14-06, 11-27-06, 5-10-10, 7-27-10, 11-10-11, 3-27-12, 7-3-12, 1-1-15, 11-27-16, 4-30-18, 8-9-18, ______________

 

64B15-19.0065 Notices of Noncompliance; Minor Violations.

(1) No change.

(2) The following violations are those for which the Board authorizes the Department to issue a notice of noncompliance.

(a) No change.

(b) Failure to perform one of the following statutory or legal obligations:

1. through 7.  No change.

8. Failure to comply with the provisions of Section 456.44(7)(c), F.S., to inform the patient of nonopioid alternatives for the treatment of pain, to discuss the advantages and disadvantages of the use of nonopioid alternatives, to provide the Department’s educational pamphlet, or to document the nonopioid alternatives in the patient’s record.

(c) through (d) No change.

Rulemaking Authority 120.695, 456.073(3), 459.005 FS. Law Implemented 120.695, 456.073(3) FS. History–New 1-19-17, Amended 8-9-18,                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 23, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 4, 2019